DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

Docket No. 8196-20
Ref: Signature Date

CAPT 

Dear Petitioner:  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.    
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your applications on 10 September 2021.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your applications, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations, and policies as well as the 31 March 2021 advisory opinion (AO) by the Office of the Judge Advocate General, Administrative Law (Code 13) and your 27 April 2021 rebuttal. 
 
The Board carefully considered your request to correct your Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect you retired from the Navy as an O-7 Rear Admiral (Lower Half).  Specifically, you contend you served in an O-7 billet when you were triple-hatted as the Fleet Judge Advocate for the Commander in Chief Atlantic; Staff Judge Advocate for the U.S. Atlantic Command; and the Senior Legal Advisor for the Supreme Allied Commander Atlantic.  The Board considered your contention that existing regulations entitle you to retirement as an O-7 after having served in an O-7 billet while on active duty.   
The Board, however, substantially concurred with the AO’s conclusion that the laws and regulations existing at the time of your retirement in 1997, specifically Title 10 U.S. Code Sections 1370 and 8089 and applicable case law, do not support your retirement in the grade of O-7.  The Board concluded that statutory provisions and authorities do not support granting your requested relief. 
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 
 
Sincerely, 
9/23/2021
Excutive Director